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Waupaca County Board authorizes participation in multi-defendant opioid settlement, creates abatement and fee accounts
Summary
The Waupaca County Board approved a resolution authorizing the county to enter settlement agreements with multiple opioid manufacturers, distributors and retailers, to establish an Opioid Abatement Account and an Attorney Fees Account, and to authorize county officers to finalize related documents, subject to statutory and state-level approvals.
The Waupaca County Board of Supervisors on March 21 adopted a resolution authorizing the county to enter into proposed settlement agreements with several opioid litigation defendants and to take related steps to receive and manage any settlement proceeds.
The motion, moved by Supervisor James Nygaard and seconded by Supervisor Tammy Strey-Hirt, passed unanimously (26-0). The resolution authorizes execution of settlement documents with named settling defendants including Teva Pharmaceutical Industries Ltd., Allergan Finance LLC, Walgreen Co., Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and authorizes the board chair or designee to execute ancillary agreements.
Why it matters: the resolution directs the county to deposit its share of any settlement into an Opioid Abatement Account to be administered under Wis. Stat. §165.12(4). The statute (created by 2021 Wis. Act 57) provides that proceeds from qualifying settlements are distributed 70% to participating local governments and 30% to the State and requires certain procedural approvals. The resolution also authorizes creation of an "Attorney Fees Account" to segregate up to 20% of the county's proceeds as a local backstop to pay fees, costs, and disbursements owed under the county's engagement agreement with its law firms; the engagement agreement contemplates payment up to 25% of the county's recovery to those firms.
The resolution notes the county's litigation was coordinated with a multidistrict litigation in the Northern District of Ohio (In re: Opioid Litigation, MDL 2804) and that the county's participation is subject to the Legislature's Joint Committee on Finance approving settlement agreements and the Attorney General memoranda of understanding required under Wis. Stat. §165.12(2). The county also authorized its corporation counsel to finalize escrow agreements and other documents necessary to effectuate receipt and distribution of proceeds.
The board vote adopted the resolution as presented; the resolution and accompanying documents outline allocation mechanics, deadlines, and contingencies if the county elects not to participate. The board record does not state the dollar amount Waupaca County would receive under the proposed agreements or whether fee-fund awards will fully cover local attorney fees; the resolution anticipates applications to a national fee fund but also provides for the local Attorney Fees Account if needed.
Next steps: execution of settlement and allocation documents as authorized, administrative setup of the two accounts, and any required approvals by the Legislature's Joint Committee on Finance before funds can be distributed.
